Psychological harassment, also known as "mobbing," refers to a series of hostile statements and/or actions, frequently repeated over a relatively long period, where one or more individuals seek to isolate, marginalize, or even exclude a person in the workplace.
Under private law, acts of mobbing are prohibited by Article 328 para. 1 CO, which states that the employer must protect and respect the personality of the employee in employment relations; the employer must show due regard for the employee's health and maintain morality. To achieve this, there are several measures the employer can take.
Measures to Prevent Harassment:
The company should clearly state its position on psychological harassment by declaring that it does not tolerate it.
It is advisable to implement an internal regulation prohibiting harassment, outlining sanctions and the procedure to follow if such behavior occurs within the company. Additionally, it is important to designate a trusted person to whom employees can turn.
Employees should be educated about the concept of mobbing to facilitate discussion if necessary and to generally promote communication within the company.
Pay attention to working conditions. A healthy and respectful work environment reduces the likelihood of psychological harassment occurring.
Measures to Take Once a Case of Mobbing is Reported:
The employer must objectively investigate the situation (e.g., noting changes in workplace atmosphere).
The employer can order the perpetrator to stop the behavior and must ensure compliance with this directive. The employer may also take measures against the perpetrator (e.g., relocation, sanctions).
If the employer fails to take all necessary steps to stop a mobbing situation, they are liable towards the victim.
If you wish to obtain more information on this subject, the Consultation juridique du Valentin will be pleased to welcome you to our offices located at rue du Valentin 1, 1004 Lausanne, Switzerland, to answer any questions you may have. We are also reachable by phone at 021 351 30 00 and by email at info@cjdv.ch.
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